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Article 10 Application DANSKAMMER ENERGY. LLC DANSKAMMER ENERGY CENTER Case No. 18-F-0325 1001.20 Exhibit 20 Cultural Resources Contents Exhibit 20: Cultural Resources ................................................................................................... 1 20(a) Study of the Impacts of Construction and Operation on Archaeological Resources ...... 3 (1) Summary of Probable Impacts on Archaeological Resources ................................... 3 (2) Phase IA Archaeological/Cultural Study ................................................................... 3 (3) Phase IB Archaeological Survey............................................................................... 7 (4) Phase II Archaeological Studies ............................................................................... 7 (5) Archaeological Artifact Processing and Curation ...................................................... 7 (6) Unanticipated Discovery Plan ................................................................................... 7 (7) Shapefiles .............................................................................................................. 10 20(b) Study of the Impacts on Historic Architectural Resources ........................................... 10 (1) SHPO Consultation and APE Definition .................................................................. 10 (2) Background Research ............................................................................................ 11 (3) Architectural Field Survey ....................................................................................... 13 Tables Table 20-1. Previously Recorded Archaeological Sites in a 1-Mile Radius of the Project Site .... 4 Table 20-2. Previously Identified Listed and Eligible Architectural Historic Properties Inside the APE ..........................................................................................................................................11 Table 20-3. Identified NRHP-Listed, Eligible, and Recommended Eligible Architectural Resources Within the APE ........................................................................................................15 Appendices Appendix 20-1. Agency Correspondence Appendix 20-2. Historical Architectural Survey and Effects Report Appendix 20-3. Phase IA Archaeological Survey Report EXHIBIT 20 Danskammer Energy, LLC Page i Danskammer Energy Center Exhibit 20: Cultural Resources Introduction and Record of Consultation This Exhibit addresses 16 New York Codes, Rules and Regulations (NYCRR) section1001.20, which requires a study of the potential impacts of the construction and operation of the Project, interconnection, and related facilities on cultural resources (archaeological and historic architecture). The New York Historic Preservation Act (NYHPA) of 1980 (Chapter 354 of Parks, Recreation and Historic Preservation Law) requires a review for State agency activities that may affect historic or cultural properties, which requires consultation with the Commissioner of the Office of Parks, Recreation, and Historic Preservation (OPRHP), which serves as the State Historic Preservation Office (SHPO). Under NYHPA Section 14.09, the OPRHP review process follows Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations at 36 Code of Federal Regulations section 800 (Public Law 89-665, as amended by Public Law 96-515; 16 USC 470 et seq.). Section 106 requires that agencies with jurisdiction over a proposed Project account for the effect of the undertaking on cultural resources listed in or eligible for listing in the National Register of Historic Places (NRHP) and provide the SHPO and the Advisory Council on Historic Preservation (ACHP) the ability to provide feedback. The NYHPA requires Project sponsors to consult with OPRHP if it appears that a proposed Project may cause any change, beneficial or adverse, in the quality of any historic, architectural, archaeological, or cultural property that is listed in the NRHP or in the State Register of Historic Places (SRHP), or that is determined by the Commissioner to be eligible for listing in the NRHP or SRHP. It requires that Project sponsors, to the fullest extent practicable, be consistent with other provisions of the law and fully explore feasible and prudent alternatives to avoid, minimize, or mitigate adverse impacts. OPRHP-SHPO Consultation Consistent with 16 NYCRR section 1001.20, Danskammer, through its consultant TRC, initiated formal consultation with the OPRHP to develop the scope and methodology for cultural resources studies for the Project. The consultants exceed the Secretary of the Interior’s professional qualifications standards (36 CFR 61) for Archaeologists, Historians, and Architectural Historians in their respective disciplines. To date, formal consultation with the EXHIBIT 20 Danskammer Energy, LLC Page 1 Danskammer Energy Center OPRHP has included submissions through OPRHP’s Cultural Resources Information System (CRIS) website consisting of the following technical documents for OPRHP review: • Request for Consultation Letter of December 3, 2018: Proposed Danskammer Energy Center, Town of Newburgh, Orange County; • Project shapefiles that present the preliminary Project layout; and • Phase IA Archaeological Survey and Sensitivity Assessment submitted to OPRHP June 28, 2019. On December 14, 2018, the OPRHP requested a Phase IA archaeological investigation of the Project Site. The Phase IA Archaeological Survey and Sensitivity Assessment (“Phase IA Study”), recommending no archaeological survey due to extensive previous disturbance, was submitted to the OPRHP on June 28, 2019 (Appendix 20-3). On July 9, 2019, the OPRHP concurred with the Phase IA Study results. Fieldwork for the reconnaissance-level architectural survey was conducted in September 2019. Details of work completed to-date and pending surveys are provided in this document. An Unanticipated Discovery Plan that identifies the actions to be taken in the unexpected event that resources of cultural, historical, or archaeological importance are encountered during the excavation process is included in Section 20(b)(6). THPO Consultation Danskammer has initiated consultation with local Native American Tribes, identified below, through submittal of initial consultation letters to the Tribes, which were sent on October 7, 2019. Based on the Project’s geographical location and guidance from the NYS OPRHP and the Indian Nations of New York State, Danskammer is consulting with the following Federally Recognized Tribes: Delaware Nation, Delaware Tribe of Indians, Mohican Nation Stockbridge- Munsee Band (Stockbridge Munsee Community), and the St. Regis Mohawk Tribe. Two State- Recognized Tribes with connections to the area were also consulted: the Ramapough Lenape Nation and the Schaghticoke Tribe. The Tribal consultation procedures include preparing correspondence to each Tribal Historic Preservation Office (THPO) that describes the Project’s location and design. Danskammer has requested comments on any potential effects from the Project on Tribal resources or Tribal lands. Documentation of these consultations is included in the Application in Appendix 20-1. EXHIBIT 20 Danskammer Energy, LLC Page 2 Danskammer Energy Center 20(a) Study of the Impacts of Construction and Operation on Archaeological Resources (1) Summary of Probable Impacts on Archaeological Resources This section summarizes the nature of the Project’s probable impact to archaeological/cultural resources identified and addresses how those impacts will be avoided or minimized. Measures to avoid impacts to any potentially significant archaeological resources will be taken throughout Project design. If resources are identified within 100 feet (31 meters) of the proposed Project Site that can be avoided, Danskammer will identify their locations as “Environmentally Sensitive Areas” on the final Project construction drawings. Locations will be marked in the field by construction fencing with signs depicting restricted access. These are adequate measures to avoid impacts to potentially significant archaeological resources. (2) Phase IA Archaeological/Cultural Study This section includes an archaeological/cultural resources review for the Area of Potential Effect (APE) and any areas to be used for interconnections or related facilities, including a description of the study methodology. For archaeology, the APE is defined as any area where there is potential for ground disturbance. Phase IA Study Methods and Results Research included a review of the Project Site-related documents at the OPRHP, online CRIS database, and the NRHP database. This review provided information on recorded sites and previous cultural surveys in the area surrounding the Project Site. In addition to these databases, local histories, cartographic data, and other relevant information on the prehistoric and historic archaeological sites in the area were perused. The USDA NRCS Soil Survey Geographic Database was queried to review soil types in the Project Site, as they inform on archaeological sensitivity. The historical assessment of the Project Site included a review of historical maps, aerial photographs, a literature search, and a review of county historical documents located at the New York State and County repositories. This work developed historic and prehistoric contexts of the Project Site, which are presented in detail in the Phase IA Study (see Appendix 20-1). A cultural synopsis is provided in the next subsection. The OPRHP CRIS
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